1-1 By: Brown S.B. No. 792 1-2 (In the Senate - Filed March 10, 1993; March 11, 1993, read 1-3 first time and referred to Committee on Jurisprudence; 1-4 April 6, 1993, reported favorably by the following vote: Yeas 4, 1-5 Nays 0; April 6, 1993, sent to printer.) 1-6 COMMITTEE VOTE 1-7 Yea Nay PNV Absent 1-8 Henderson x 1-9 Harris of Tarrant x 1-10 Brown x 1-11 Harris of Dallas x 1-12 Luna x 1-13 Parker x 1-14 West x 1-15 A BILL TO BE ENTITLED 1-16 AN ACT 1-17 relating to contents and recording of abstracts of judgment. 1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-19 SECTION 1. Subchapter A, Chapter 52, Property Code, is 1-20 amended by adding Section 52.0041 to read as follows: 1-21 Sec. 52.0041. ADDRESS REQUIREMENT FOR RECORDING ABSTRACT. 1-22 (a) A judgment abstracted after September 1, 1993, may not be 1-23 recorded unless: 1-24 (1) a mailing address for each plaintiff or judgment 1-25 creditor appears on the abstract of judgment; or 1-26 (2) a penalty filing fee equal to the greater of $25 1-27 or twice the statutory recording fee for the abstract is paid. 1-28 (b) The validity of an abstracted judgment as between the 1-29 parties is not affected by a failure to include an address for each 1-30 plaintiff or judgment creditor in the abstracted judgment. 1-31 (c) Payment of a filing fee and acceptance of the abstract 1-32 of judgment by a county clerk for recording creates a conclusive 1-33 presumption that the requirements of this section have been met. 1-34 SECTION 2. Section 52.003, Property Code, is amended to read 1-35 as follows: 1-36 Sec. 52.003. Contents of Abstract. (a) An abstract of a 1-37 judgment must show: 1-38 (1) the names of the plaintiff and defendant; 1-39 (2) the birthdate and driver's license number of the 1-40 defendant, if available to the clerk or justice; 1-41 (3) the number of the suit in which the judgment was 1-42 rendered; 1-43 (4) the defendant's address, or if the address is not 1-44 shown in the suit, the nature of citation and the date and place of 1-45 service of citation; 1-46 (5) the date on which the judgment was rendered; 1-47 (6) the amount for which the judgment was rendered and 1-48 the balance due; 1-49 (7) the amount of the balance due, if any, for child 1-50 support arrearage; and 1-51 (8) the rate of interest specified in the judgment. 1-52 (b) An abstract of a judgment may show a mailing address for 1-53 each plaintiff or judgment creditor. 1-54 SECTION 3. The importance of this legislation and the 1-55 crowded condition of the calendars in both houses create an 1-56 emergency and an imperative public necessity that the 1-57 constitutional rule requiring bills to be read on three several 1-58 days in each house be suspended, and this rule is hereby suspended, 1-59 and that this Act take effect and be in force from and after its 1-60 passage, and it is so enacted. 1-61 * * * * * 1-62 Austin, 1-63 Texas 1-64 April 6, 1993 1-65 Hon. Bob Bullock 1-66 President of the Senate 1-67 Sir: 1-68 We, your Committee on Jurisprudence to which was referred S.B. 2-1 No. 792, have had the same under consideration, and I am instructed 2-2 to report it back to the Senate with the recommendation that it do 2-3 pass and be printed. 2-4 Henderson, 2-5 Chairman 2-6 * * * * * 2-7 WITNESSES 2-8 FOR AGAINST ON 2-9 ___________________________________________________________________ 2-10 Name: Joan Douglas x 2-11 Representing: Myr & Cty Cncl of Houston 2-12 City: Houston 2-13 -------------------------------------------------------------------